Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34601 of 2009 Petitioner :- Sunil Kumar Chaurasiya @ Sanju @ Luxmi Respondent :- State Of U.P. Petitioner Counsel :- V.K. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that the eye witnesses Devi
Singh @ Munna, Swamideen and Mohan Singh have not stated against the
applicant. They had seen the kidnapped child in the company of co-accused
Janaku @ Janki in an Indica car. It was also submitted that the applicant has
been implicated on the basis of statement of co-accused Janaku @ Janki and
there is no other evidence against him. It was further submitted that recovery
of Rs. one lac was made at the instance of Janaku @ Janki and Raju from the
house of co-accused Raju. It was also submitted that the applicant has been
falsely implicated due to enmity.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Sunil Kumar Chaurasiya @ Sanju @ Luxmi involved in the
case crime no.600 of 2009 under sections 364A, 302 and 201 IPC, police
station Rath, district Hamirpur, be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the CJM concerned.
Order Date :- 4.2.2010
RKSh